The Issue This is a case in which the Petitioner seeks to impose an administrative fine against the Respondent by reason of statutory violations described in an Administrative Complaint which are alleged to have taken place in the course of the operations of the Respondent's cosmetology salon.
Findings Of Fact At all times material to this case, the Respondent has been licensed as a Cosmetologist, having been issued license number CL205771. The Respondent's last-known business address is 2600 Hammondville Road, Pompano Beach, Florida 33069, at which location he operates a Cosmetology Salon named Cut Creation. At all times material to this case, Cut Creation has been licensed as a Cosmetology Salon, having been issued license number CE53077. On February 5, 2004, the Respondent's business premises were inspected by Norma Fishner, an Investigative Specialist employed by the Department of Business and Professional Regulation. During the course of her inspection on February 5, 2004, Norma Fishner observed Christopher Mason cutting a customer's hair on the premises of Cut Creation. On that date Christopher Mason was not licensed as a Cosmetologist in the State of Florida. On February 5, 2005, Norma Fishner also observed an unidentified male cutting a customer's hair on the premises of Cut Creation. This unidentified male ran out the front door before he could be questioned or identified by Norma Fishner. Norma Fishner questioned the Respondent about the unidentified male who ran out the door and asked the Respondent to provide identifying information about that person. The Respondent refused to provide any information about that person. It was clear that the Respondent knew the identity of the unidentified male who ran out the door and that the Respondent knew that the unidentified male did not have a Cosmetologist license.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered in this case concluding that the Respondent is guilty of the violations alleged in the Administrative Complaint and imposing an administrative fine in the total amount of one thousand dollars ($1,000.00). DONE AND ENTERED this 27th day of July, 2005, in Tallahassee, Leon County, Florida. S MICHAEL M. PARRISH Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 27th day of July, 2005.
The Issue Whether Respondent practiced cosmetology in a salon in Florida without a cosmetologist license as required by Chapter 477, Florida Statutes. Whether the Board has jurisdiction over Respondent. Whether the Division of Administrative Hearings has jurisdiction over Respondent.
Findings Of Fact Respondent was practicing cosmetology by shampooing the hair of a customer of Bernice Benbow d/b/a Bernice's Beauty Salon at a time when Respondent, Carrie Shingles had no certificate to practice cosmetology. Respondent admitted she was not a registered cosmetologist; that she did shampoo the hair of a customer in Bernice's Beauty Salon; that she performed such work without the permission of Bernice Benbow, the owner of the salon; that she did not know said action was contrary to the Florida Statutes or the rules and regulations of the Board of Cosmetology. Notice of Service was entered without objection and marked Exhibit 1. The witnesses were duly sworn
Recommendation Dismiss the complaint. August 27, 1975 date DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Ms. Bernice Benbow 702 Magnolia Street Cocoa, Florida Ms. Carrie Shingles 606 Poinsett Post Office Box 1752 Tallahassee, Florida 32302 Ronald C. LaFace, Esquire Post Office Box 1752 Tallahassee, Florida 32302 Ms. Artie Leigh Mitchell 427 Roosevelt Avenue Merritt Island, Florida Ms. Mary Alice Palmer Executive Director Board of Cosmetology Post Office Box 9087 Winter Haven, Florida 33880
The Issue The issue is whether the talent agency license held by Respondent should be disciplined for exercising undue influence on an artist for financial gain, and failing to provide clients with copies of contracts which list the services to be provided and fees to be charged and which state that the agency is regulated by the Department.
Findings Of Fact Jane Daniels has been licensed as a talent agency in the State of Florida, doing business as T.J. Norris Co., Inc., and holds license TA-0000015. Ms. Daniels is married to Bill Daniels, a photographer. Their offices are in Fort Lauderdale. Each has a separate entrance, but the suite of offices connect internally. Terri Bjorklund took her infant son, Glenn, to the T.J. Norris agency in February, 1988, responding to one of the advertisements seeking babies and toddlers for advertising work during the Christmas season. Ms. Bjorklund showed Art Feldman, an employee of the T.J. Norris agency, two 8x10 photographs and a photo card bearing three smaller pictures of her son during her interview. Mr. Feldman told Ms. Bjorklund that the pictures of the baby "belong in the garbage," and made the baby "look like an amputee." Mr. Feldman told Ms. Bjorklund that she needed a professional photographic portfolio for her son to obtain work, and he suggested a photographer right in the building who was, in fact, Bill Daniels. Ms. Bjorklund paid $170 to the T.J. Norris agency; $30 was a registration, and $140 was a down payment on the photographic portfolio, which would cost $295. Ms. Bjorklund was told that the balance due on the portfolio could be paid from work the agency obtained for the baby. Ms. Bjorklund was not able to pay any more money for the photographs because her husband had been hurt in a motorcycle accident, was not able to work, and the family was on food stamps. She emphasized that if she could not "work off the balance" through work obtained for the baby, she did not want to pay the $140 that day. Based upon Ms. Daniels' assurances about the payment arrangement, Ms. Bjorklund had the photographs taken by Bill Daniels. When Ms. Bjorklund called the T.J. Norris agency on several occasions to see if there was work available for her son, she was told that no work would be found until Ms. Bjorklund paid off the balance of the portfolio in full. When Ms. Bjorklund stated that she intended to complain to the Department of Professional Regulation or to a local television station because their agreement was not being honored, she was given appointments to take the baby to castings. These were always cancelled, except for one, where the part required the child to speak; this was useless because the child was only 8 months old. The application filed with the T.J. Norris agency disclosed the child's age. Ms. Bjorklund ultimately took her son to other talent agencies, and obtained work for her son through them. In obtaining this work, Ms. Bjorklund used the card with the pictures Mr. Feldman had derided. Those photographs were adequate for use in obtaining bookings for a young child. Expensive photographic portfolios are not ordinarily done for young children because they change quickly as they grow. Ms. Bjorklund never received a copy of the contract she signed with the T.J. Norris agency when she paid the $30 registration fee at the agency. Jonathan Ferrara went to the talent agency on July 12, 1988. He submitted head shots and resumes in order to obtain modeling or acting work through the T.J. Norris Agency. Mr. Ferrara uses the stage name Mark Love. Mr. Ferrara was interviewed by Art Feldman, an employee of the T.J. Norris Agency. Mr. Ferrara never received a copy of the contract with the agency, although he had paid a $30 registration fee, and an additional $15 to make a master card, which is sent to movie companies for use in casting. Jodi Lewine went to the T.J. Norris Agency to obtain modeling or acting work on August 5, 1988. She had no prior experience. She was interviewed by Art Feldman, who told her she would have to have photographs taken before the agency could solicit work for her. Feldman suggested that the photographs be taken by the photographer whose studio was in the same building, the studio of Bill Daniels. Mr. Feldman never told Ms. Lewine that she could have photographs taken by another photographer, but there is no evidence that he required Ms. Lewine to have the work done by Mr. Daniels. (Tr. 43, 1. 16-19, and Tr. 49, 1. 9) Models do not ordinarily acquire portfolios of photographs until after they have worked on several jobs through collecting the photographs taken on those jobs. Ms. Lewine never received a copy of the contract which she signed with the T.J. Norris Agency.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered by the Department of Professional Regulation finding T.J. Norris Co., Inc., to have violated Section 468.402(1)(t), on two occasions and Section 468.410(3), on three occasions, and imposing an administrative fine of $2,000. DONE and ENTERED this 27th day of April, 1990, at Tallahassee, Florida. WILLIAM R. DORSEY, JR. Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 27th day of April, 1990.
The Issue Whether the Respondent did violate Section 477.02(6); 477.27(1) and Section 477.15(8), Florida Statutes, and the rules and regulations of the State Board of Cosmetology promulgated pursuant there to in that he did allow students to work in the La Marick Beauty Salon, a salon owned by licensee, prior to making application and/or renewing an application for such work from the Board of Cosmetology.
Findings Of Fact Respondent F. W. Lorick, Jr. received notice of this hearing and filed his election of remedies stating no contest and that he did not plan to attend this hearing. Respondent does not personally work in the La Marick Beauty Salon, therefore employs a manager to manage the salon although it is licensed in the company's name. The company of which Respondent is president is one of a chain of beauty salons. Mrs. Madge Edwards, inspector for the State Board of Cosmetology, on or about February 24, 1976 entered Respondent Lorick's beauty salon and found a student working as a cosmetologist. The student was a non-licensed person who held no permit to work in a beauty salon. The inspector wrote a violation which is the subject of this hearing.
Recommendation Advise the Respondent F. W. Lorick, Jr. that he is guilty of violating Chapter 477, Florida Statutes, and rules and regulations promulgated thereto and that if other violations occur, his license may be revoked, annulled, withdrawn or suspended. DONE and ORDERED this 19th day of August, 1976 in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Ronald C. LaFace, Esquire 101 East College Avenue Tallahassee, Florida Mr. F. W. Lorick, Jr., President La Marick Beauty Salon 2350 S. Ridgewood Avenue - Sunshine Mall South Daytona, Florida
Recommendation Pursuant to notice, the Division of Administrative Hearings by its duly designated hearing officer, K. N. Ayers, held a public hearing on the above matter on June 16, 1975, in Ft. Lauderdale, Florida. APPEARANCES: Ronald C. LaFace, Post Office Box 1752, Tallahassee, Florida, for the Board of Cosmetology. By this complaint, the Florida State Board of Cosmetology seeks to revoke, annul, withdraw or suspend the license of Anthony Luis, d/b/a Miss Chick Beauty Salon on the grounds that on November 4, 1974, he allowed Dorothy Trimacco to perform cosmetology services on patrons of the salon while she was not a licensed Florida Cosmetologist, in violation of Section 477.02(6), Florida Statutes. Exhibit 1, receipt for notice of hearing sent by certified mail, was admitted into evidence. Mr. Anthony Luis appeared and testified that on October 1, 1974, he sold the salon to another party. He did not notify the Board that he had sold his salon, as he was under the impression that the new owners would apply for a new license as he had done when he bought the salon. He held a promissory note dated October 1, 1974, the date of the closing, for part of the purchase price. The inspector from the cosmetology department visited the Miss Chick Beauty Salon on November 4, 1974, on a routine inspection and found Dorothy Trimacco doing a patron's hair. Upon questioning, she admitted that she did not have a Florida license. One Josephoine Mormile stated that she was the manager of the shop and intended to buy the salon. The license still posted on the wall was in the name of Luis. From the foregoing, it would appear that at the time of the offense, Mr. Luis was no longer the owner of the salon as he had sold the salon to another party. It is therefore, RECOMMENDED that the complaint be dismissed. ENTERED this 3rd day of July, 1975, in Tallahassee, Florida. K.N. Ayers Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304
The Issue Whether the license of the Respondent should be revoked, annulled, withdrawn or suspended for allowing students to work in his salon prior to the issuance of a work permit.
Findings Of Fact An Administrative Complaint was filed on May 31, 1977 charging: "That you, said Anthony LaRoche on March 15, 1977 did allow students to work in your salon prior to the issuance of work per- mits Anthony's, Jacksonville, Florida." Anthony LaRoche, Respondent, was the owner of several businesses and has managers to operate his beauty salons. A young man was hired to work in the Respondent's beauty salon to report to work at a subsequent time when the school attended by the cosmetologist would have sufficient time to send his credentials to the office of the State Board and for him to receive his work permit from the State Board. The cosmetologist reported for work and began working and was working at the time of the inspection on March 15, 1977 and had not yet received his work permit although he had previously applied for it. Upon learning of the inspection and the violation, the Respondent immediately sent for the credentials but the work permit was not received for 22 days thereafter. After the Respondent learned that the cosmetologist did not hear from it he ceased doing the work of a cosmetologist until his work permit was received.
Recommendation Send a letter of reprimand to Respondent for failing to ascertain whether an employee was duly certified to work in the salon owned by the Respondent. DONE and ORDERED this 27th day of September, 1971, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Ronald C. LaFace, Esquire LaFace & Haggett, P.A. Post Office Box 1752 Tallahassee, Florida 32302 Anthony LaRoche, President Anthony LaRoche, Inc. 5566 Ft. Caroline Road Jacksonville, Florida 32211
